Mohammed Moinuddin S/O Mohammed Azimuddin v. Mohammad Moiddoin Mohammad Jahiroddin And Others

2026:BHC-AUG:17895-DB 4224.2025WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

951 WRIT PETITION NO. 4224 OF 2025 MOHAMMAD MOIDDODIN MOHAMMAD JAHIRODDIN ANSARI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for the Petitioners : Mr. Jadhavar A.T. AGP for Respondent/State : Mr.P.K. Lakhotiya Advocate for Respondent nos.3 and 4 : Mr. Y.V. Kakde ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL-JADHAV, JJ.

DATED : 22nd APRIL, 2026.

ORDER :

.

The petitioners have challenged the notices dated 27.02.2025 asking them to remove encroachment allegedly made by them on the land of Municipal Corporation.

2.

It is the case of the petitioners that they are lawful owners of the land CTS No.574/1 and in support of the said contention, the petitioners have produced certain documents in the form of allotment letters, sale deeds etc.

3.

When called upon, learned Advocate for the Corporation submits that the Corporation has made a statement in Writ Petition No.7363 of 2013 that it will remove the encroachment in CTS no.574. Thereafter, they had to face Contempt Petition No.60/2018, in which the Corporation has submitted affidavit that the encroachment will be removed. Pursuant to that the notices were issued to the petitioners. He has placed on record copy of one of the notice issued to the alleged encroacher (one of the petitioner) calling upon him to produce the

4224.2025WP.odt documents of ownership of their residence and attend the hearing before the Joint Commissioner of the Corporation. Learned Advocate further submits that similar notices are issued to all the persons including the petitioners. Six petitioners present in the Court confirm that they are in receipt of such notices dated 01.04.2026. 4.

In view of the above, we dispose of the petition by granting liberty to the petitioners to approach the Joint Commissioner, Parbhani Municipal Corporation and submit the documents of ownership of their residence, plots, etc. The Commissioner shall on going through the documents take appropriate decision in individual cases of the petitioners.

5.

The petitioners shall appear before the Commissioner on 04.05.2026 and shall submit their respective documents. The Commissioner then, after hearing the petitioners shall take decision, within a period of eight weeks from the first date of appearance of the petitioners.

6.

With these directions, the petition is disposed of. Till the decision is taken no adverse action be taken against the petitioners. 7.

Civil Application, if any, stands disposed of. (VAISHALI PATIL-JADHAV,J.) (NITIN B. SURYAWANSHI,J.) sga